Chad Gear

Chad has specialised in commercial litigation and insolvency for over 10 years. In that time he has acted for financial institutions, companies, officers of companies, insolvency practitioners and individuals in a range of corporate, commercial and insolvency related disputes.

Chad’s experience includes:

Prosecuting and defending commercial disputes in the Queensland Court of Appeal, the Queensland Supreme, District and Magistrates Courts, the Federal Courts and the Queensland Civil and Administrative Tribunal.

Acting for liquidators and defendants in proceedings under under Part 5.7B of the Corporations Act 2001.

Acting for external administrators and trustees in public examinations in the State and Federal Courts.

ExperienceNotable matters:

Acted for a sitting Senator in the 2017-2018 Australian parliamentary eligibility crisis.

Advised the Australian Government in relation to corporations law issues affecting prescribed bodies corporate and policy statements.

Acted in defamation proceedings against a national newspaper publisher.

Applied for, and successfully obtained, urgent and permanent injunctions to restrain a lessor from terminating a lease, and restrained misuse of confidential information by former employees.

Retained following the delivery of judgment in a Supreme Court trial to advise on the merits of an appeal, successfully appealed the decision and obtained a declaration as to an equitable interest in property (Peterson v Hottes [2012] QCA 292).

Retained following the delivery of judgment in which an application to set aside a default judgment was refused, successfully appealed the decision and obtained an order that the judgment be set aside (The Reserve Vault Pty Ltd v Barrier Reef Arts P/L and Ors [2012] QCA 35).

Successfully applied to the District Court of Queensland and obtained an order that a proceeding be struck out for want of prosecution (Citypoint (Hotels) Pty Ltd v AIB Pty Ltd 15/11/2011 QDC Unreported), and successfully resisted a subsequent appeal (Citypoint (Hotels) Pty Ltd v AIB Pty Ltd [2012] QCA 126).

Represented a director of various companies in section 19 Australian Securities and Investments Commission Act 2001 examinations, advised in relation to ASIC prosecutions and assisted in the negotiation of entry into enforceable undertakings.

Successfully applied to the District Court and the Supreme Court of Queensland and obtained orders for the provision of security for costs.

Acted in a case against a law firm which acted negligently in the performance of its retainer for the conveyance of a business.

Advised on and prosecuted statutory appeal proceedings in respect of a claim on the Legal Practitioners' Fidelity Guarantee Fund administered by Queensland Law Society.

Conducted a breach of contract/misleading or deceptive conduct/breach of fiduciary duty case on behalf of an industry-leading food ingredient manufacturer against, among others, a large listed company.